1. The parties agree that the creditor's rights shall not be transferred.
It is required that such an agreement should be concluded before the transfer, otherwise, the agreement will be invalid. And this agreement shall not be against a bona fide third party. If the creditor violates the agreement of both parties prohibiting the transfer and transfers the creditor's right to a bona fide third party, the bona fide third party can obtain the creditor's right.
2. Claims that cannot be transferred according to the nature of the contract.
Such claims either have an inseparable relationship with the creditor's person, or are generated based on the trust relationship between the creditor and the debtor, such as the right to claim maintenance, the employer's claims against employees, the client's claims against agents, and the creditor's rights of omission. Such assignment of creditor's rights shall be treated as invalid. It should be noted that it is generally believed that the right to claim damages arising from claims that are not transferable in nature can be transferred.
3. Creditor's rights that cannot be transferred according to the law.
If the State prohibits the transfer by law or violates the prohibitive provisions, the contract shall of course be null and void. In China, the transfer of creditor's rights is mostly prohibited in the form of administrative regulations. For example, the following assets cannot be transferred publicly:
(1) Bad creditor's rights where the debtor or guarantor is a state organ;
(2) Creditor's rights of state-owned enterprises approved by the State Council to be included in the national enterprise policy closure and bankruptcy plan;
(3) Claims involving national security and sensitive information, such as national defense and military industry, and other claims restricting transfer.
[Legal Basis]
In Article 545 of the Civil Code of the People's Republic of China, the creditor may assign all or part of his creditor's rights to a third person, except under one of the following circumstances:
（1） It shall not be transferred according to the nature of creditor's rights;
（2） It shall not be transferred as agreed by the parties;
（3） It shall not be transferred in accordance with the law.
If the parties agree that non monetary claims may not be transferred, they may not act against a bona fide third party. If the parties agree that monetary claims may not be transferred, they may not act against a third party.
